Terms and Condition

Terms of Use

BEFORE ACCESSING OR USING THE SERVICES, CAREFULLY READ THESE TERMS OF USE.

1. Introduction

Permit to use the services constitutes the Agreement bound by these Terms of use, which specifies a contractual relationship between you and JauGuru. If you disagree with these Terms of use, you may not have access to use the Services. These Terms of use expressly supersede prior agreements or arrangements with you. All the Terms of use of the application shall only be followed inside the territory of Nepal. Users can access and request services in various locations via the JauGuru-App, subject to availability at the user’s location, using internet-enabled mobile devices (such as smartphones, tablets, and personal computers). JauGuru is not a transporter provider; it provides a digital platform to multiple transportation service sectors. JauGuru will try to give you a better ride, as it is just a platform. You understand and acknowledge that you use the services at your own risk.

JAUGURU may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where JAUGURU reasonably suspects that:

(i) you have, or are likely to, breach these Terms of use; and

(ii) You are not eligible to access and use the Services in accordance with relevant law or JAUGURU’s standards and regulations, or it is probable that you are not.

(iii) On 30 days written notice to you, where JAUGURU, acting reasonably, terminates these Terms of use or any Services for any legitimate business, legal or regulatory reason.

(iv) If you violate the company’s Guidelines, JAUGURU will immediately suspend or revoke your access to the Services, without affecting any other rights it may have under these Terms of Use. We may terminate these Terms of use at any time, for any reason.

Terms of use may apply to specific Services, such as policies for a particular event, activity, or promotion. Such Terms of use shall be disclosed to you in connection with the applicable Services. Terms of use are in addition to and shall be deemed part of the Terms of use for the appropriate Services. Terms of use shall prevail over these Terms of use in the event of a conflict concerning the applicable Services. JAUGURU shall amend the Terms of using any policies (including the company’s Guidelines) related to the Services from time to time. JAUGURU shall provide you with at least 30 days written notice in the event of a material change to any Terms of use policies that detrimentally affect your rights. Amendments shall be effective upon JAUGURU’s posting of such updated Terms of use at this location or the amended policies or supplemental terms of use on the applicable service. You agree to be bound by the Terms of Use, as revised, if you continue to access or use the services after posting or after the notice has expired, whichever comes first. The JAUGURU Privacy Policy, which is available at https://www.JauGuru.com.np, describes how personal information is used in conjunction with the services. JAUGURU may provide a claim or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, including an accident involving you, and such information or data is necessary to resolve the complaint, controversy, or war.

The Services 

JauGuru simply offers a digital platform for transportation; it does not offer transporters themselves. It is a paid service that is offered for the convenience of the passenger. Users of JauGuru-App can access and order services in numerous places, subject to availability at the user’s location, using internet-enabled mobile devices (such as smartphones, tablets, and laptops).

You are entitled to the Services under this Agreement from JAUGURU. As a user of JAUGURU’s mobile applications, you are provided with a technological platform by the services that enables you to: I Schedule transportation services with a third party independent partner of those services who has a contract with JAUGURU or its affiliates (“Partner”); and

(ii) Receive receipts for your payments and facilitate payments to the service provider.

Except if JAUGURU has separately agreed with you to the contrary in a separate agreement, the Services are only made available for your personal use. You acknowledge that JAUGURU does not provide transportation services or function as a transportation carrier. Independent partners not employed by JAUGURU or affiliates provide all such transportation services. JAUGURU accepts liability for the Services and Application provided to you subject to these Terms of use. JAUGURU does not take responsibility and assumes no liability for any acts or omissions of service providers who use the JAUGURU app. JAUGURU will try to give you a better ride, as it is just a platform. You understand and acknowledge that you use the services at your own risk.

License

JAUGURU provides you a constrained, non-exclusive, non-sublicensable, revocable, and non-transferable license that is subject to your adherence to these Terms of use:

(i) Use the applications on your device only in conjunction with using the Services, and access and use them;

(ii) Use the Services strictly for your own use and access any content, information, and associated items that may be made accessible.

JAUGURU reserves any rights not expressly granted herein and JAUGURU’s licensors.

Obligation

(i) Of the user: All requests for rides made using a user’s account are the responsibility of the person who signs up for the ride.

(ii) Of the JAUGURU: Giving a digital platform to the vehicle

(iii) Of the Partner: One who moves customers or things from one location to another.

Restrictions

You may not:

(i)obliterate any copyright, trademark, and other property notices from any Services’ content;

(ii)Except as specifically authorized by JAUGURU, you may not: copy, alter, create derivative works based on, distribute, license, lease, sell, resell, transfer, publicly perform, transmit, stream, broadcast, or otherwise make use of the Services;

(iii)except as may be authorized by relevant law, decompile, reverse-engineer, or disassemble the Services;

(iv) linking to, reflecting, or enclosing any part of the services;

(v)cause or initiate any scripts or programs to scrape, index, survey, or otherwise mine any section of the Services, or to disproportionately burden or impair any aspect of their operations;

(vi) attempt to interfere with or gain unauthorized access to any feature of the services or the networks or systems they are connected to.

Ownership

The Services and all associated rights are and will continue to be the property of JAUGURU or its licensees. You are not granted any rights by these Terms of Use or your use of the Services.

(i)save for the restricted license granted above, in or concerning the Services; or

(ii) to use or make mention of JAUGURU’s or its licensors’ corporate names, logos, names of products and services, trademarks, or service marks.

  1. Your Use of the Services

JauGuru User’s Accounts

You must register for and keep an active personal user Services account in the program in order to utilize the majority of the service elements (“Account”). To open an Account, you must be at least 18 years old, unless a particular Service allows for a different age requirement. You must provide JAUGURU with some personal information in order to register for an account, including your name, address, mobile phone number, date of birth, age, and email address. You commit to keeping the information in your account true, accurate, and current.You are liable for all activity under your account for failing to maintain accurate, complete, and up-to-date Account information. You agree to maintain the safety and secrecy of your Account username and password. Unless otherwise permitted by JAUGURU in writing, you may only retain one account.

JauGuru User’s Requirements and Conduct

No one under the age of 18 is permitted to use the service. No one else may use your account with your permission. Persons under the age of 18 may not use service providers’ delivery or transportation services without your presence. Your account cannot be transferred to another person or business in any other way, including through assignment. In order to access or use the Services, you agree to abide by all relevant laws. Only legitimate purposes may you access or use the Services (e.g., no transport of unlawful or hazardous materials).You must not irritate the service providers or any other person by your use of the Services, nor should you cause them any trouble. To access or use the Services, you might occasionally be required to present identification documentation or some other form of identity verification. You acknowledge that if you decline to present identification documentation or submit to another form of identity verification, you risk being refused access to or usage of the Services.

Text Messaging / Notification 

By opening an account, you consent to receiving text (SMS) messages or alerts from the Services as part of your normal usage of the Services. Follow the instructions at https://www.JauGuru.com.np to stop receiving text (SMS) communications from JAUGURU. You understand that choosing not to receive text (SMS) messages may have an impact on how you use our services.

Registration and account

In order to utilize the services and the application:, you must:

(i) Create an account in the program by accurately entering all the necessary information.

(ii) Use the Application and Services only for your own personal use; do not sell, sublicense, transfer, or assign them to anyone else.

(iii) Give us the information and documentation we may occasionally legitimately require, and let us know right away if your registration information or any other information you’ve given us changes.

Right and obligation; Do’s and Don’ts.

 

Do’s:

(i) You must use a seatbelt (in the case of a four-wheeler). If you don’t, you put yourself in risk.

(ii)Customers are liable for their goods. Partners are not held responsible in case of any loss of goods.

(iii) When you are in a traffic gridlock, have patience. Do not take your anger out on the partners because they are not to blame. If you believe that your companion went above and above to get you to your destination safely, be sure to tip him.

Don’ts:

(i) Before you dismount from the vehicle, ensure that you take all your belongings; partners are not liable for your loss.

(ii) Avoid haggling over your vehicle fare; prices are pre-set and shown in the app.

General customer behaviour while using transport services

Customers and partners are treated equally; they will treat you better if you treat them well. As a result, the consumer must act reasonably when using the services provided by the business.

Booking Process

(i) Install the app

(ii) Enter accurate details while creating an account.

(iii) Decide where you want to go.

(iv) If you are convinced with the fare amount, click on “Book Ride.”

(v) After that partner will call you.

(vi) You mention your detailed location on call. 

(vii)You have to be in your given location, then the partner will come to pick you up. 

(viii) The partner will drop you at your location.

(ix) When the ride is complete, you can make the payment given in the system. 

Waiting Policy

Once the customer has booked the vehicle, the vehicle shall arrive within no more than 15 minutes. If the partner is late to arrive due to personal or other reasons, the partner shall pre-inform via text or call.

Rate

Rates are pre-fixed; it is calculated on the app itself based on a basic fare, time traveled, per k.m rate, and waiting. Once the payment is set and the customer books the ride, there is no bargain in the rates.

Intellectual Property

Using this service does not transfer intellectual property ownership between JAUGURU and its users. Users shall not steal/publish JAUGURU any material given by the application during the use of the service.

Partner’s Account

Service partner has the right to refuse any assigned rides if/ or is bounded by any problem.

The obligation of the partner’s 

(i) The partner shall provide the service to the Customers in a helpful, effective, and timely manner.

(ii) The partner shall not undertake or help in any unlawful or illegal activity while performing Services; if found, they shall be solely responsible for the punishment/compensation for any or all claims.

(iii) The services provided through the Portal by the partner shall be of the highest quality as per company standards and according to JAUGURU.

(iv) The partner shall be informed and strive to stay informed about lockouts, strikes, curfews, traffic disruptions, weather conditions, and the things that could affect the service. The partner shall immediately notify JAUGURU.

(v) The partner is responsible for ensuring that the car is registered, and they are in possession of and maintain all licenses, insurance, and permissions required for the operation of the vehicle on the portals.

(vi) The partner shall not cancel the ride after reaching the customer’s location and picking them up as a JAUGURU partner.

(vii) The partner shall not make fake calls or give missed calls or texts, sharing several customers. 

(viii)Smoking/ Tobacco /Pan Masala / Food items are strictly prohibited without permission from the customer.

Reporting for a fault or lost item

As mentioned in the training manual, we shall provide training to the service providers.

(i) Reporting any fault in the application provided by JAUGURU and withdrawal of service.

(ii) contacting the lost and found department to report missing items.

Misuse of vehicle

The service provider will only operate the vehicle in accordance with its license and will not engage in dishonest or unlawful activity in order to obtain personal financial advantage.

(i)charging more than what is shown in the application’s rate.

(ii) Allow others to operate the car for cash (Other than the person registered in the application).

(iii) Take a longer route to get an increased fare.

(iv) I’m not advocating using a toll road to get there quickly.

(v) Misleading people into canceling a vacation so they may make money off of it.

Personal cleanliness and hygiene

The Partner and Customer shall also maintain the standard level of personal hygiene.

(i) The service provider must always act with the utmost respect and courtesy toward customers, members of the public, coworkers, and law enforcement, and must never discriminate in any way.

(ii)While on duty, no service provider is allowed to use vulgar language, make threats against other customers, or otherwise harass or mistreat coworkers.

(iii) The service provider will always work with law enforcement officials and will not intentionally obstruct, delay, or make false or misleading claims about any issues pertaining to regulatory compliance.

Sharing a vehicle and loading people without their permission

Without the passenger’s consent, the service providers may not share the use of the car. Any automobile may only be operated in a shared fashion with the passenger’s consent.

Network Access and Devices

It is your responsibility to secure the data network access required to utilize the Services. If you access or use the Services via a wireless-enabled device, your mobile network’s data and message rates and costs may be applicable, and you are responsible for paying those rates and fees. To access and utilize the Services and Applications and their updates, suitable devices must be purchased and kept up to date by you.JAUGURU does not guarantee that the Services, or any portion thereof, shall function on any particular devices. JauGuru makes no guarantees that this software will function on all platforms. Delays and problems associated with using the Internet and electronic communications may also affect the Services.

  1. Payment

You need to be aware that the service you receive has a cost. You must pay the service provider the amount specified in the application with cash, a card, or a digital wallet. You may be charged more by the service provider if you need to alter the route you set in the application. Such payments must be made directly to the service provider. Where required by law, taxes will be included on invoices where applicable. Orders that you pay for are final and non-refundable until JAUGURU decides differently.

The chosen payment method specified in your account will be used by JAUGURU to ease payment of any costs, which are payable immediately. You will receive a receipt from JAUGURU through email. In your relationship with JAUGURU, JAUGURU retains the right, in JAUGURU’s sole discretion, to establish, remove, and adjust Charges for any or all services acquired through services.

Invoices

Payment policies – Cash, credit card, or a digital wallet may be used to pay for the ride or service immediately upon completion of the ride.

The financial condition of services

(i) The app may be installed for nothing;

(ii)JAUGURU only charges after a successful ride;

(iii)Before booking a ride, consumers are aware of the fare, and

(iv)You could be charged a set sum if you cancel the ride. (in the event that you decide not to take the trip)

  1. Disclaimers

6. (Limitation of Liability, Indemnity)

Disclaimer

(i) JAUGURU is only providing the services within its boundary, and JAUGURU has the authority to refuse the services they are not providing.

(ii) JAUGURU shall not warrant or represent anyone.

(iii) JAUGURU disclaims liability for any delays or errors that occur while the services are being provided.

(iii) Any errors that the service provider makes are his or her responsibility.

Limitation of liability

JAUGURU shall not be responsible for any mishap or loss of the service provider’s goods or theft.

Indemnification

One should be bearding their indemnity, and JAUGURU shall not be entitled to claim any sums, damages, or expenses.

  1. Governing

8. Law; Arbitration

There are several methods available to settle disagreements, conflicts, claims, or disputes that arise out of, in connection with, or otherwise relate to the Services or these Terms of Use, including those that concern their legality, interpretation, or enforceability (any “Dispute”). JAUGURU or its affiliate operates a complaints process to allow you to make complaints about JAUGURU or Third-Party Providers. JAUGURU or its affiliate also manages refunds to you about those complaints. JAUGURU or its affiliate shall reasonably operate this complaints process. In addition, you may have the right to make a complaint to fair trading or consumer law bodies about applicable consumer laws, including the non-excludable portions of the NEPALI Consumer Law. Except as expressly provided otherwise in these Terms of Use, this Agreement shall be governed by and interpreted in accordance with the laws of Nepal. In the event of a Dispute, any party may bring a lawsuit in Nepali courts, seek final and binding arbitration, or use some alternative dispute resolution method that the parties have decided upon.

Any correspondence from a mediator, as well as any orders, awards, and briefs filed by the parties, must be kept completely secret and may not be divulged to a third party without the express written approval of the opposing party, unless:

1. the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and 

2. the third party agrees unconditionally in writing to be bound by the confidentiality obligation in these Terms of use.

  1. Other

10. Provisions

Claims of Copyright Infringement

Copyright infringement complaints must be made to JAUGURU’s office. For the allocated address and other information, please visit the JAUGURU website.

Notice

JAUGURU may give notice by means of a general announcement on the Services, email sent to the email address listed in your account, or written notice sent to the address listed in your account. You can notify JAUGURU in writing by sending a letter to the company’s address at Lazimpat Metropolitan City Ward No. 3 in Kathmandu.

General

You cannot transfer or assign these Terms of use in whole or in part without JAUGURU’s prior written approval. You permit JAUGURU to assign or transfer these Terms of use in full or in part, including to

(i) a subsidiary or affiliate; 

(ii) an acquirer of JAUGURU’s equity, business, or assets; or

(iii) a merger-based successor. You and JAUGURU do not have a joint venture, partnership, employment, or agency relationship as a result of the contract you have with JAUGURU or your use of the Services.

Suppose any provision of these Terms of use is illegal, invalid, or unenforceable, in whole or in part, under any law. Such provision or portion thereof shall not form part of these Terms of use. However, the other provisions’ legality, validity, and enforceability in these Terms of use shall not be affected. In that case, the parties shall replace the illegal, invalid, or unenforceable provision or portion thereof with a requirement or portion thereof that, to the maximum extent permitted by these Terms of Use’s contents and purposes, has substantially the same effect as the illegal, invalid, or unenforceable provision or portion thereof. These Terms of Use, including any integrated policies, represent the parties’ complete understanding of the subject matter, and they supersede and replace any earlier or contemporaneous agreements or undertakings. Nothing in this article restricts your consumer rights, including those guaranteed by the Nepali Consumer Legislation, which cannot be waived under any relevant law. The terms “including” and “including” in these terms of service imply “including, but not limited to.”

Force Majeure

In the event that a party’s performance of any duty under this Contract is delayed or not performed at all owing to a Force Majeure, neither party shall be responsible to the other.

Explanation

For this Contract, the term “force majeure event” means any following events.

(i) A storm, earthquake, eruption of a volcano, fire;

(ii)flooding, landslides, soil erosion, and excessive rain;

(iii) Any fire started by anything else than dishonesty, carelessness, or irresponsibility

(iv) terrorist attack, civil unrest, or civil conflict;

(v)other uncontrollable natural disasters of a similar type.

Confidentiality

Any business and information related to the service, any provision of this Agreement, and all non-public information received from the other party regarding the execution and performance of this Agreement shall be maintained in strict confidence by each party, and such party shall not at any time disclose such information to third parties without the other party’s prior written consent. But suppose one of the Parties is compelled by a court order or relevant legislation to divulge any Confidential information. In that scenario, they must tell the other party right away, take all reasonable precautions to prevent disclosure, and do their utmost to provide the maximum degree of security for sensitive information.

Severability

Suppose any of the provisions of this agreement are determined by a court or other duly authorized organization to be void, illegal, in conflict with any law, invalid, or unenforceable. In that case, such illegality, unenforceability, and invalidity shall not affect the legality, enforceability, and validity of any of the remaining provisions of this agreement.